Payment of the service invoice
as a precondition for insurance indemnity
Code: OBSK00023
Question
Can the insurance company with which I have taken out accident insurance make the payment of the insured sum dependent on the payment of the service bill? I was in an accident and it was quite expensive to repair. The insurance company demands that I pay the bill first and only then does it want to pay the sum insured to me. However, I would like the insurance company to send me the money beforehand so that I can use this money to pay for the service.
The answer
The amount of damage does not have to be proven by billing the repair, since the price at the time of the damage and the amount of damage can be assumed. The owner of the vehicle does not have to pay the bill for the repair because the payment should have been secured by the compensation of the insurance company if the right under the insurance relationship was exercised by the insured. The insurance company is therefore obliged to perform, regardless of whether the injured party has paid the bill for the service or not.
Answer according to the current legal status valid on 21/2/2022.